One Final Moment Terms and Conditions

1. Purpose

One Final Moment, Inc. ("One Final Moment," "we," "us," or "our,") provides a platform where individuals may leave their final messages for their loved ones. By using the One Final Moment website/mobile application and any of the information and services offered through the website/mobile application ("Services"), you agree to be bound by this Agreement. The success of the Services, however, depends on the adherence to the terms of this Agreement by you and other Users (collectively, "you," "your," or "Users"). While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

2. Eligibility

By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

• a. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement, as published from time to time through this link or through the Services;
• b. You are 16 years or older;
• c. You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services;
• d. You will comply with all applicable laws, including those of the country, state, and city in which you are present when using the Services.

3. Access

a. Access

By entering into this Agreement, you will be granted a revocable license to access the Services without charge. Your access privileges, however, are conditioned on the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Services, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

b. Prohibited Uses

You understand, acknowledge and agree that any access or use of the Services shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Services.

c. Privileges Nontransferable

Your access privileges may not be transferred by you to any third parties.

d. Passwords and Security

You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.

4. Acceptable Use Policy

By using the Services, you agree that:

• a. You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
• b. You will not use the Services to cause nuisance, annoyance, or inconvenience.
• c. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.
• d. You will not violate the publicity or privacy rights of another individual.
• e. You will not copy or distribute any content displayed through the Services beyond the functionalities provided in the Services.
• f. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services, except for your personal, noncommercial use.
• g. The information you provide to use or otherwise communicate with us is accurate.
• h. You will not use the Services in any way that could damage, disable, overburden, or impair any of our servers, or the other networks connected to any of our servers.
• i. You will not attempt to gain unauthorized access to any part of the Services and/or to any services, account, resource, computer system and/or network connected to any of our servers.
• j. You will not deep link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
• k. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
• l. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.
• m. Your self-submitted content ("User Content") does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.
• n. Your User Content does not violate any state or federal law designed to regulate electronic advertising.
• o. Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.
• p. Your User Content will not contain any material deemed illegal or inappropriate, as detailed in Section 7, and that you or your User Content may be subject to remedial actions if found to violate this Agreement.

5. Information on our Services

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

6. User Submissions and Content

a. User Content

We may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute, and/or otherwise use the User Content in connection with our business in all forms now known or hereafter invented, without notification and/or approval by you, except as otherwise required by law.

b. Feedback

You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages or functionalities ("Feedback") is at your own risk and we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

7. Good Samaritan & Inappropriate Content Policy

a. Policy

It is the policy of the owners and operators of these Services not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography, obscene or defamatory material to be posted at these Services. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section 7 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of these Services to undertake or refrain from undertaking, any particular course of conduct.

User Content may be deemed inappropriate and in violation of this Agreement if found to contain any of the following categories of content. This list is not exhaustive:

• Hate Speech/Racism: Hate speech involves abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation. Racism involves prejudice, discrimination, or antagonism directed against a person or people on the basis of their membership in a particular racial or ethnic group, typically one that is a minority or marginalized.
• Extremism/Radicalization: Extremism involves advocating for extreme measures or views, and such advocacy may involve advocating for violent acts. Radicalization involves the process by which individuals come to believe that their engagement in or facilitation of nonstate violence to achieve social and political change is necessary and justified.
• Disinformation/Misinformation: Disinformation is false information deliberately spread to deceive people. Misinformation is incorrect or misleading information.
• Harassment: Harassment involves behavior that demeans, humiliates, or embarrasses a person, typically characterized by disturbing, upsetting, or threatening actions.
• Foreign Political Interference: Foreign political interference involves covert, fraudulent, deceptive, or unlawful actions or attempted actions of a foreign government, or of any person acting as an agent of or on behalf of a foreign government, undertaken with the purpose or effect of influencing, undermining confidence in, or altering the result or reported result of, an election, or undermining public confidence in election processes or institutions.

b. Complaint Procedures & Flagging Inappropriate Content

If you believe that someone has posted material at these Services which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, we ask that you flag the post to our attention by clicking the "Report" button. This button will open a dialogue box, where you may select a reason for reporting this information. Reports are logged with a timestamp, reporter account information (if logged in) and IP address.

If you have any questions about this process, or would prefer to alternatively notify us by email, please contact us at: admin@onefinalmoment.com.

When emailing us regarding inappropriate or infringing content, please provide as much detail as possible, including:

1. The nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks, or patents allegedly infringed);
2. All facts which lead you to believe that a right has been violated or infringed;
3. The precise location where the offending material is located;
4. Any grounds to believe that the person who posted the material was not authorized or did not have a valid defense (including the defense of fair use); and
5. If known, the identity of the person or persons who posted the infringing or offending material.

We are committed to responding to all allegations of User Content in violation of this Agreement and seek to review all flagged User Content without undue delay. We will make efforts to review any reported content. If a video is reported, we will take action in one of three ways:

1. Clear: We may clear the video and dismiss the report from the video.
2. Restrict: We may restrict the video from public feeds but allow it to remain accessible to intended recipients.
3. Remove: We may remove the video completely, hiding it from all viewers.

If a video is restricted/removed, the subscriber's Trusted Contact may submit an appeal. The appeals include a reason and supporting information regarding the video. We will review appeals and can approve the appeal, which reinstates the video, or deny the appeal. If you have any questions regarding this process, please contact us using the information at the bottom of this Agreement.

c. Indemnification/Waiver of Certain Rights

By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.

d. Waiver of Claims and Remedies

We expect visitors to take responsibility for their own actions, and, as set forth below in Sections 12 and 14, cannot assume liability for any acts of Users or third parties which take place at these Services. By this Agreement, you acknowledge that in establishing a complaint procedure, we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at these Services or our response, or failure to respond, to a complaint.

e. Investigation/Right to Purge Postings

You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to these Services, with or without your permission and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

f. Remedial Actions

If we find User Content to violate this Agreement, we may take remedial actions, including, but not limited to, removing the User Content, demonetizing the User Content or the User(s) that created it, deprioritizing the User Content, or banning the User(s) that created the User Content.

8. Mobile Terms

This Section 8 contains the terms and conditions (the "Mobile Terms") for our mobile messaging services (the "Mobile Services"). By consenting to these Mobile Terms, you authorize us and our service providers to contact and/or text you at the phone number you provided to us. This authorization includes using automated dialing technology to text you for marketing or advertising purposes, which may include text message notifications (for your order, including account authorization reminders), and for transactions relationship purposes, including requests for reviews from us. You understand and agree that by consenting to receive marketing or advertising text messages, we may text you at the phone number you provided to us, even if your number is registered on any state or federal do-not-call list.

You understand that you do not have to sign up for the Mobile Services to make any purchases from us, and your consent is not a condition of any purchase or access to our Services. Your participation in the Mobile Services is completely voluntary.

We may modify or cancel the Mobile Services or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Mobile Services following the Effective Date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Mobile Services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Messaging frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS and/or text messages, including charges from your wireless provider.

You may opt out of the Mobile Services at any time. To do so, text the single keyword comment STOP in response to any text message from us, click the unsubscribe link (where available) in any text message from us, or contact us directly and ask we opt you out. You may receive a one-time opt-out confirmation text message. No further messages will be sent to your device, unless initiated by you. For service or assistance, text HELP in response to one of our text messages or contact us directly using the information at the bottom of this Agreement.

We may change any short code or telephone number we use to operate the Mobile Services at any time and will not notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Services are not liable for delayed or undelivered messages. You agree to provide us with a valid phone number. If you get a new mobile number, you will need to sign up for the Mobile Service with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Services, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Services.

9. Intellectual Property Ownership

We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any of the Services.

10. Copyright Policy

We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the information described in our DMCA Policy below.

11. Privacy

We have adopted a Privacy Policy outlining our personal information data collection and use practices. Please refer to that policy for details about how we collect and use your personal data. As outlined in our Privacy Policy, we may aggregate or otherwise strip information of all personally identifying characteristics and may share that aggregated and/or de-identified data with third parties or publish it. We reserve the right to make use of any such data as we see fit. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

12. Third-Party Interactions

The Services may contain links to or display content originating from third-party websites and advertisements (collectively, "Third-Party Websites & Advertisements"). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites & Advertisements. We do not approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements. When you click on a link to one of the Third-Party Websites & Advertisements, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in the Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any third-party websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. Payment and Subscription Terms

a. Orders

All orders shall be confirmed in 'writing' either by direct action on the website or by a confirmation email. No quotation shall be binding on us until the price is paid in full by you and the order is confirmed in writing by us. When you click submit your order, your payment information will be handled by an independent third-party payment gateway, which may operate under separate terms and conditions concerning your online payment transaction. At our sole discretion, we reserve the right to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at our sole discretion. You will be charged at the time you place your order, not when the Services are accessed. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled or needs modification. If your order is canceled or modified after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge or modification.

b. Pricing and Terms of Payment

Unless otherwise stated by us in writing and recorded on our acknowledgement of the order, payment shall be made in advance of access to the Services. The price you pay for the Services shall be the price displayed on our website or otherwise agreed to in writing at the time of purchase. In the US, all prices for Services exclude Value Added Tax or other state sales tax and carriage, which will be added to the invoice charge at the appropriate rate. We reserve the right to adjust, modify, or otherwise change displayed prices for Services at any time without notice.

c. Termination

If at any time we believe, in our sole discretion, that you have violated any provision of this Agreement, we may immediately terminate your access to the Services without any refund or other remedy, and all fees due to us up to the end of the then-current billing cycle at the time of such termination shall remain payable to us. Such termination will not limit any other right by us under contract, tort, or any other legal theory to pursue any claim or cause of action against you for violating this Agreement, including without limitation monetary damages, injunctive relief, attorney's fees, and court costs.

d. Subscription Terms

To access some of our Services, you may need to subscribe to recurring payments (our "Subscription Services"). If you sign up for Subscription Services, you must provide us with valid payment information.

i. Subscription Term; Auto-Renewal

Subscriptions are normally assessed on a monthly or annual basis. Subscription fees are calculated from the day your paid subscription commences. Your subscription to the Subscription Services shall be for the initial term (e.g., monthly or annually) selected by you.

PAYMENTS AUTOMATICALLY RENEW FOR INDEFINITE SUCCESSIVE RENEWAL TERMS FROM THE SAME PERIOD AS THE INITIAL TERM, UNTIL CANCELED BY YOU OR BY US IN ACCORDANCE WITH THESE TERMS.

ii. Right to Modify Pricing

We reserve the right to raise or lower the cost of our Subscription Services, or subscription fees, and to create additional tiers or types of Subscription Services, including subscription fee tiers, at any time.

iii. Downgrading

You may downgrade your subscription at any time. When downgrading, no data will be deleted. However, you will be charged for any excess data that the files use beyond the downgraded plan. You can reduce the overage charges by deleting videos or other media until you are within the limit of your chosen plan.

iv. Cancellation

Either we or you may cancel your subscription at any time and for any reason, but you must send us an explicit request at least 48 hours before the next order process date. In the event of cancellation, all fees due to us up to the end of the then-current billing cycle at the time of cancellation shall remain payable to us. Users may cancel their subscription by:

1. Deactivation: To cancel your subscription via deactivation, please navigate to the dashboard of your account. Click on "Account Settings" and in the navigation bar in the top of the page click on "Subscriptions" and find the section entitled "Account Deactivation." Click the "Deactivate Account" button to begin the deactivation process.
2. Email: You may also email a clear and specific cancellation request email to admin@onefinalmoment.com.

Additionally, cancellation of your subscription will occur when your Primary Trusted Contact confirms your passing. Once your primary Trusted Contact initiated the Departed Procedures, a 24-hour period will begin. During this 24-hour period, we will reach out to the subscriber every six hours via email or text (depending on subscriber settings). At the end of the 24-hour period, the subscriber's passing will be confirmed. You can manage your Trusted Contacts via the dashboard of your account. No payments for the Services shall be processed after confirmation of your passing.

Cancellation by you in the middle of a term of a subscription shall be processed immediately and shall be effective upon the date of cancellation. You agree to pay invoices promptly, and, in any event, no later than 30 days from the date of the invoice. Failure to timely pay an invoice gives us the right to, at our discretion, either terminate your service, or charge any credit card we hold on your account for the full balance of any indebtedness to us. In addition, any discounts granted will be revoked, and payment on the full non-discounted valued of Services sold under an invoice not paid within 30 days will then be due.

14. Indemnification

You agree to indemnify and hold harmless One Final Moment and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: a) your User Content; b) your misuse of the Services; c) your violation of this Agreement; or d) your violation of any applicable laws, rules, or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys' fees incurred by the Indemnified Party.

We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Services.

15. Disclaimer of Warranties

16. Limitation of Liability

17. Dispute Resolution / Arbitration Agreement

a. Scope of Arbitration Agreement

You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or One Final Moment may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH ONE FINAL MOMENT, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b. Informal Resolution

You and One Final Moment agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and One Final Moment therefore agree that, before either you or One Final Moment demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.

To notify One Final Moment that you intend to initiate an informal dispute resolution conference, please email admin@onefinalmoment.com, providing your username associated with your One Final Moment account (if any), the email address associated with your One Final Moment account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party's claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled.

c. Arbitration Rules and Forum

This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent by mailing One Final Moment, ATTN: Registered Agent 3204 Pinot Blanc Way, San Jose, CA 95135. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267.

Payment of all filing, administration, and arbitration fees will be governed by JAMS's rules. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

d. Arbitrator Powers

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and One Final Moment. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and One Final Moment.

e. Waiver of Jury Trial

YOU AND ONE FINAL MOMENT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and One Final Moment are instead electing to have claims and disputes resolved by arbitration, except as identified in Section 17(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

f. Waiver of Class or Consolidated Actions

YOU AND ONE FINAL MOMENT AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor One Final Moment is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 18.

g. Batch Arbitrations

To increase efficiency of resolution, in the event 100 or more similar arbitration demands against One Final Moment, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with One Final Moment and the arbitration provider to implement such a batch approach to resolution and fees.

h. Opt Out

You may opt out of this Arbitration Agreement. If you do so, neither you nor One Final Moment can force the other to arbitrate as a result of this Agreement. To opt out, you must notify One Final Moment in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: admin@onefinalmoment.com.

i. No Effect on Independent Contractor or Employment Agreement

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND ONE FINAL MOMENT RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING OUT OF THE ARBITRATION SET FORTH IN THIS SECTION 17 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH ONE FINAL MOMENT.

j. Survival

This Arbitration Agreement will survive any termination of your relationship with us.

k. Modification

Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material changes to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

18. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and One Final Moment agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Santa Clara County, California, or in federal court for the Northern District of California.

19. Termination

At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

20. General

a. No Joint Venture or Partnership

No joint venture, partnership, employment, or agency relationship exists between you, One Final Moment, or any third-party provider as a result of this Agreement or use of the Services.

b. Choice of Law

This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

c. Severability

Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

d. Electronic Communications

For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

e. Entire Agreement

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

21. Contact Information

ONE FINAL MOMENT DMCA POLICY

We respect the copyright and other intellectual property rights of others and expect users of our website and application (collectively, the "Services") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our Terms and Conditions for more information.

Notification of Alleged Copyright Infringement

If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our website infringes your copyright, you should consider first contacting an attorney.

All Notifications should include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g. the URL link of the material).
• Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit your notice to our designated DMCA agent by mail or email: admin@onefinalmoment.com

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.

Upon receiving a proper Notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim.

Counter Notification

If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:

• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our Company is located.
• A statement that you will accept service of process from the party that filed the Notification or the party's agent.
• Your name, address and telephone number.
• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your physical or electronic signature.

You may submit your Counter Notification to our Copyright Agent by mail or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.